What Constitutes a Criminal Record?

Criminal records are created and maintained by state, local and federal law enforcement agencies when someone is charged with and/or convicted of a crime. Even if a person is simply arrested as a suspect of a crime but is later acquitted by the court, a criminal record exists to document this occurrence. The main difference between civil and criminal records is that civil cases encompass disputes between individuals and/or organizations where one party is awarded financial compensation, and the case is filed by one of these private parties. Criminal cases are filed by the government against an individual and/or organization regarding violations of existing laws or statutes, pursuing legal punishment for these offenses as allowed by the regulating criminal code. Sometimes, a person may face criminal charges by the government in addition to civil charges brought by the victim or their family, clients or other parties affected by the crime.

Arrest

When someone is arrested by a law enforcement agency, a criminal record is created and maintained (usually at the state level), listing the date and location of arrest, arresting officer, charges filed, and subsequent court dates or current case disposition. If the crime committed fell under federal criminal code, the arresting officer would be a federal agent - possibly from the FBI.

Booking

After the arrest, the suspect is taken to the local jail, state or federal prison and goes through what is called the "booking" process. During this booking, fingerprints are taken and recorded, mug shots and physical descriptions are filed and identities and personal information of the suspects are verified. Though many of these details are protected from public viewing, they can be accessed by legal agents through the complete arrest record.

Court

Upon arrest, a court hearing is set for the suspect to be brought in front of the local judge. Minor criminal charges, such as minor consumption, may result in simply releasing the suspect on his own recognizance, also known as OR, with a future court date to attend. This judge reads and ensures the suspect understands the charges filed against him, and will ask how he pleads to the charges. Most often, an attorney retained by the suspect relays this information in court to the judge on behalf of his/her client. The attorney will likely request that bail be set at this point so that his client can leave government custody and this request may be granted or denied by the judge. Subsequent court dates are then set for additional hearings and/or trial. If a plea deal is offered by the prosecution and accepted by the suspect, the judge is notified of such and enters details of the plea into the official court documents.

Incarceration

If bail is denied or set high enough that the defendant cannot afford to pay it, they remain incarcerated throughout their multiple hearings or trial. When a judge or jury finds a suspect guilty of the crime, a sentence is then carried out, which can include incarceration, fines, probation and/or community service. All of this information is available in the criminal records.

Types of Criminal Records

Criminal records are separated into two main categories: felonies and misdemeanors. Misdemeanors are punishable by up to one year of jail, and felonies are punishable by more than one year. Arrest and warrant records detail the charges, date(s) of arrest, or date a warrant was filed against someone. An outstanding arrest warrant essentially means a judge has approved law enforcement to arrest an individual in relation to a crime, but it has yet to be carried out.

Information Found in Criminal Records

Jail records include information such as the dates of incarceration, mug shots and the charges the person was convicted of. Upon release, inmates are typically required to report to a probationary officer for a period of time. If the person misses a probation meeting or otherwise violates the probation requirements, a warrant is usually issued for the person's arrest. Probation violation details are included in criminal records as well. Frequently, a criminal records search will give information regarding drug charges, sex offenses including rape charges, domestic violence charges such as assault/battery charges and even murder charges in the case of a homicide filed against a defendant. Other charges that qualify as criminal include driving violations found in DWI/DUI records, cyber crimes and financial crimes such as identity theft, and even property crimes including robbery/burglary. Details regarding these charges, the dates the crime occurred and any resulting jail time or probation information are all available in the relevant criminal records.

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